Terms Of Use
ACCEPTANCE OF TERMS OF USE: By using this Website and its content, you agree that your use will be in accordance with these Terms of Use. You agree not to use the Website or the content in any unlawful manner. New Mexico Gas Company, Inc. (“NMGC”) reserves the right to change these Terms of Use from time to time without notice to you except for posting the revised language on this Website. Your continued use of this Website and the content shall constitute your acceptance of such changes. Any reference to “content” means any information, text, trademarks, service marks, logos, images, and other graphics and artwork, and any meta tags and other computer code. Please check back to this page frequently to see the current version of the Terms of Use in effect.
PERMITTED USE: You may view and use this Website and its content solely for your personal, noncommercial use. You agree not to use the Website or the content in any unlawful manner. If you breach these Terms of Use, the permission granted to you to view and use this Website and its content immediately terminates.
COPYRIGHT: This Website is owned and operated by NMGC. All content on this Website is the copyrighted property of NMGC, and its respective subsidiaries, affiliates, and any third party content providers, and is protected by U.S. and international copyright law. You may not copy, modify or distribute the content in any form without written permission from NMGC, or other copyright owner.
TRADEMARKS: The trademarks, service marks, logos, images and other graphics and artwork used and displayed, or set out in meta tags or other computer code, on this Website (“Trademarks”) are registered and unregistered trademarks of NMGC, or its subsidiaries and affiliates or of other entities. Use or display of any of the Trademarks requires the express prior written permission of the owner of the Trademark.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: NMGC PROVIDES THIS WEBSITE AND ITS CONTENT SOLELY FOR INFORMATIONAL PURPOSES. ALL CONTENT ON THIS WEBSITE IS PROVIDED ON AN “AS IS” AND ‘AS AVAILABLE” BASIS. THE CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NMGC EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT YOU MAY SUFFER. NMGC DOES NOT MAKE REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, ERROR-FREE, SECURE AND UNINTERRUPTED OPERATION OF THE WEBSITE, AND ACCURACY AND COMPLETENESS OF THE CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
NMGC, AND ITS RESPECTIVE SUBSIDIARIES AND AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT OR B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR PROGRAMS, OR COSTS TO PROCURE SUBSTITUTE PRODUCTS OR SERVICES, THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, THE CONTENT, OR ANY FUNCTIONS AVAILABLE ON OR THROUGH THE WEBSITE, EVEN IF NMGC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NMGC, AND ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, OR ANY THIRD PARTY CONTENT PROVIDERS, EITHER JOINTLY OR SEVERALLY, EXCEED U.S. $50.00.
IF YOU BECOME DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING EXCLUSIONS OR LIMITATIONS, THOSE PORTIONS OF THE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
JURISDICTION: NMGC controls and operates the Website from their headquarters in Albuquerque, New Mexico, USA. These Terms of Use will be governed by the substantive law of New Mexico, as applied to contracts entered into between New Mexico residents and performed in New Mexico, regardless of where you reside or where you transact business with NMGC. You agree that the courts located in Albuquerque, New Mexico will have exclusive jurisdiction over any disputes arising out of or in connection with the Website. You agree that you will submit to the jurisdiction of such courts.
LINKS TO OTHER WEBSITES: This Website contains hyperlinks to Websites owned or operated by other parties unrelated to NMGC. You acknowledge that NMGC does not control those Websites and acknowledge and agree that NMGC is not responsible or liable for any content of those and any other Websites, including errors, viruses and accessibility. If you visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. NMGC makes no representation or warranty regarding, and does not endorse, any linked Websites or the information distributed through these sites. Note that once you link to another Website, you are subject to that Website’s privacy policy.
LINKS TO THIS WEBSITE: You are granted a limited right to link to this Website from your Website, but only for informational purposes, and only on the condition that you provide our Webmaster with notice of the link prior to its establishment, that the link is to a whole page in this Website, not just to a selected element or elements found on that page (e.g., a photograph, some graphics, etc.), and that you do not publish or permit to be published on your Website any statements that are derogatory, defamatory, or otherwise harmful to or intended to harm the reputation of NMGC, its respective subsidiaries or affiliates.